THE Office of the Ombudsman sacked former Cebu City Councilor Gerardo Carillo for ordering his utility aide to moonlight as a cook in his girlfriend's restaurant for more than a year in 2013.
Ombudsman Conchita Carpio-Morales dismissed Carillo from the service after he was found guilty of serious dishonesty.
But since Carillo is no longer in service, the Ombudsman ordered to convert his penalty to a fine equivalent to his salary for one year.
The Ombudsman also barred Carillo from working again in government and forfeited all his retirement benefits.
“The Local Government of Cebu was deceived into paying complainant his salary for no work done and this defraudation was made possible either because the respondent authorized it or maybe because he was grossly negligent,” read the Ombudsman's decision.
Sought for comment, Carillo, said he filed a motion for reconsideration on the Ombudsman's decision.
The complainant, Michael Abellana, then administrative aide in the office of Carillo, charged the lawyer with grave abuse of authority and grave misconduct.
Abellana said Carillo assigned him as a cook at Baryo Grille Restaurant, which is owned by the lawyer's girlfriend Ara Flores. Abellana received P10,401 a month from the City.
Abellana, who worked with Carillo from July 2013 to December 2014, said he worked at the restaurant from Monday to Friday after having his biometrics taken at City Hall.
Abellana said he would just register his attendance in the biometrics at 5 a.m. and then proceed to Baryo Grille to cook.
He would go back to the office at 11 a.m. only to register his timeout. This arrangement lasted from July 2013 until December 2014.
He said he was not paid but he received an allowance of P50 a day or P250 a week.
Abellana attached to his complaint the affidavit of Rune Maquiling, Carillo's former secretary.
Maquiling said Abellana was supposed to support him in the submission of proposed resolutions, ordinances and committee reports from Carillo's office.
Maquiling worked with Carillo from August 2013 to March 2014.
Aside from that, Maquiling said, his work at the office of Carillo was that of an executive assistant. He drafted, prepared and submitted resolutions.
Maquiling also said he served as the councilor’s private driver during weekends.
In his counter-affidavit, Carillo said Abellana’s work in the restaurant did not disrupt his work in the office since Baryo Grille operated from 8 p.m. to 6 a.m.
In the decision, the Ombudsman, however, pointed out that seven witnesses – who are all restaurant employees – testified that the establishment operated 24 hours daily.
The witnesses also testified that they saw Abellana work at the Baryo Grille all morning on working days.
"The testimonies establish the lie committed by the respondent and this lie was further strengthened by his signature in Abellana's monthly daily time record," the Ombudsman said.
Dishonesty is defined as the concealment or distortion in a matter of fact relevant to one’s office or connected with the performance of duties.
It entails an absence of integrity, a disposition to betray, cheat, deceive or defraud. (GMD of SunStar Cebu)
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